China's Interim Measures for the Management of Generative AI Services: A Comparison Between the Final and Draft Versions
webThis FPF blog post analyzes China's first binding generative AI regulation, comparing draft and final versions of the Interim Measures, relevant for understanding how major jurisdictions are approaching AI governance and safety through regulation.
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Summary
This guest post on the Future of Privacy Forum blog compares China's final Interim Measures for the Management of Generative AI Services (effective August 15, 2023) with its earlier draft, highlighting key changes including shifted institutional roles, clarified scope, new user and provider responsibilities, and transparency requirements. The analysis contextualizes the regulation within China's broader data and AI legal framework, emphasizing the balance between innovation promotion and risk mitigation.
Key Points
- •China's Interim Measures became binding law on August 15, 2023, jointly issued by the CAC and six other agencies after public consultation.
- •The final version shifted institutional dynamics, with the CAC playing a less prominent role compared to the draft.
- •New responsibilities were introduced for both users and providers, including data quality improvement and prompt handling of illegal content.
- •A transparency requirement for generative AI services was added in the final version beyond accuracy and reliability obligations.
- •The Measures address societal risks including public opinion manipulation, data breaches, privacy violations, and IP infringement.
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China’s Interim Measures for the Management of Generative AI Services: A Comparison Between the Final and Draft Versions of the Text
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April 22, 2024
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Authors: Yirong Sun and Jingxian Zeng
Edited by Josh Lee Kok Thong (FPF) and Sakshi Shivhare (FPF)
The following is a guest post to the FPF blog by Yirong Sun, research fellow at the New York University School of Law Guarini Institute for Global Legal Studies at NYU School of Law: Global Law & Tech and Jingxian Zeng, research fellow at the University of Hong Kong Philip K. H. Wong Centre for Chinese Law. The guest blog reflects the opinion of the authors only. Guest blog posts do not necessarily reflect the views of FPF.
On August 15, 2023, the Interim Measures for the Management of Generative AI Services ( Measures ) – China’s first binding regulation on generative AI – came into force. The Interim Measures were jointly issued by the Cyberspace Administration of China (CAC), along with six other agencies, on July 10, 2023, following a public consultation on an earlier draft of the Measures that concluded in May 2023.
This blog post is a follow-up to an earlier guest blog post , “Unveiling China’s Generative AI Regulation” published by the Future of Privacy Forum (FPF) on June 23, 2023, that analyzed the earlier draft of the Measures. This post compares the final version of the regulation with the earlier draft version and highlights key provisions.
Notable changes in the final version of the Measures include:
A shift in institutional dynamics , with the CAC playing a less prominent role;
Clarification of the Measures’ applicability and scope ;
Introduction of responsibilities for users ;
Introduction of additional responsibilities for providers , such as taking effective measures to improve the quality of training data, signing service agreements with registered users, and promptly addressing illegal content;
Assignment of responsibilities to government agencies to strengthen the management of generative AI services; and
Introduction of a transparency requirement for generative AI services, in addition to the existing responsibilities for providers to increase the accuracy and reliability of generated content.
Introduction
The stated purpose of the Measures, a binding administrative regulation within the People’s Republic of China (PRC), is to promote the responsible development and regulate the use of generative AI technology, while safeguarding the PRC’s national interests and citizens’ rights. Notably, the Measures should be read in the context of other Chinese regulations addressing AI and data, including the Cybersecurity Law, the Data Security Law, the Personal Information Protection Law, and the Law on Scientific and Technological Progress.
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